The US Patent & Trademark Office (USPTO) has issued a new rule requiring foreign-domiciled trademark applicants, registrants, and parties to Trademark Trial and Appeal Board (TTAB) proceedings, including Canadian parties, to be represented by attorneys licensed to practice law in the United States.

The Rule becomes effective on August 3, 2019, and is intended to protect the US trademark register from inaccuracy and outright fraud.

The USPTO has observed that many problematic applicants originate with foreign individuals or entities not actually empowered to represent applicants at the USPTO (i.e., licensed to practice law in a U.S. state or the District of Columbia).

Detroit, Michigan Trademark Attorney: Canadian Agents and Attorneys Also Affected

Canadian patent agents and attorneys will no longer be able to represent Canadian trademark applicants or other parties before the USPTO. They will be able to act as “additionally appointed practitioners” who can represent Canadian clients—but the USPTO will correspond only with the also-appointed US lawyer.

Such “additionally appointed practitioners” will need to be reciprocally recognized by OED, but they will need to retain a US lawyer to file actual responses to USPTO office actions and other items.

Canadian patent agents will simply, after the effective date of the new rule, not be allowed to represent Canadian parties any longer.

Detroit Michigan Trademark Attorney: The Bottom Line

The bottom-line for foreign USPTO parties is that it is essentially that you collaborate with a knowledgeable US-based trademark registration lawyer for your US trademark applications.

Detroit, Michigan Trademark Registration Attorney John Hilla is available to assist foreign USPTO registrants with their applications.

Michigan Trademark Attorneys - The Supplemental Register is a "subsidiary" Federal trademark registry available to trademarks that lack the distinctiveness required for the Principal Register. It conveys a variety of benefits. The Hilla Law Firm, PLLC - (734) 743-1489

Michigan Trademark Attorney - A declaration of incontestability is a statement a trademark owner can file once it has been registered on the Principal Register for 5 years. The Hilla Law Firm, PLLC - (734) 743-1489

Detroit Trademark Attorneys - A charitable organization or non-profit can register its name, logo design, or advertising slogan just as any other individual or business can, so long as it meets the other criteria for registrability - Hilla Law (734) 743-1489

Detroit Trademark Registration - There is no such thing as a so-called worldwide trademark registration process, however, the International Madrid Protocol allows the registration of a trademark in signatory countries if registered domestically in one of them. Hilla Law Firm - (734) 743-1489

Detroit Trademark Attorneys - A craft beer name, logo, or brand can be registered as a trademark so long as it is unique enough to specifically identify the source of the product once it is sold in interstate commerce - Hilla Law (734) 743-1489

Livonia Bankruptcy Attorney - Creditors can execute money judgments in Michigan in a number of ways, but Chapter 7 or Chapter 13 bankruptcy will stop all of them. Contact The Hilla Law Firm at (734) 743-1489 to stop garnishment or property seizure.

Detroit Trademark Attorneys - Trademark protection in the US is granted to marks that are in use in commerce. Thus, a single-use or single-work mark such as a film or book title cannot be registered--unless it is made into a continuing series of works. Hilla Law Firm - (734) 743-1489

Detroit Trademark Attorneys - Unless a specific color scheme in your logo is crucial to your brand identity, it should not be included in your first trademark registration application - The Hilla Law Firm, PLLC - (734) 743-1489

The Hilla Law Firm did an excellent job handling the trademark registration for my online business. In my case, the process turned out to be complicated as another business registered for a similar name. The Hilla Law Firm expertly handled the situation and my trademark was approved!
Kelly

This website is for general information and advertising only. The information presented is not legal advice, and your use of it does not create an attorney-client relationship. Any liability that might arise from your use or reliance on the information in or any links from this site is expressly disclaimed. The content of any communication you send to us via the Internet, our web-forms, or through e-mail may not be considered confidential, and your submission of a question through this web site does NOT create an attorney-client relationship.